While most DUI offenses fall under the category of misdemeanors, certain circumstances could lead to a felony DUI charge, which can come with more severe penalties. If you face this charge, it’s in your best interest to consult an experienced Orlando felony DUI lawyer who may be able to challenge prosecutors and provide a defense.
Want to learn about your options? The experienced DUI lawyers at The Umansky Law Firm Criminal Defense & Injury Lawyers could help.
Florida law has several circumstances that can turn a misdemeanor DUI into a felony DUI. Although a misdemeanor offense can result in fines, jail time, license suspension, and other repercussions, the penalties are considerably less than what comes with a felony DUI. The following are some situations when individuals might face felony DUI charges.
According to Florida Statutes Section § 316.193(3)(c)2, a DUI could be a third-degree felony if a DUI-related accident leads to serious bodily injury. This type of injury could range from amputations and disfigurement to more life-threatening injuries.
The potential penalties for this offense could include up to five years in prison, up to $5,000 in fines, up to a three-year license revocation period, and restitution payments made to injury victims.
In some cases, child endangerment and other aggravating factors could lead to a felony DUI charge if a minor passenger is in the vehicle at the time of arrest.
Fla. Stat. Sec. § 316.193(2)(b) establishes that a third DUI within 10 years of a prior conviction also turns the offense into a third-degree felony. Penalties here may include up to five years in prison and probation, up to $5,000 in fines, 10-year license revocation, and the required installation of an ignition interlock device (IID) in the offender’s vehicle.
Regardless of how many years have passed, any fourth or subsequent DUIs will automatically become a third-degree felony, potentially resulting in the permanent revocation of the offender’s driver’s license.
According to Fla. Stat. Sec. § 316.193(3)(c)3, if a person dies in a DUI-related accident the DUI becomes a second-degree felony with potentially the most severe repercussions. Offenders face as many as 15 to 30 years in prison, depending on whether they flee the accident scene. Additionally, they may need to pay up to $10,000 in fines, serve a minimum of four years in prison, and have their driver’s licenses permanently revoked.
The right attorney could help strategize to increase your chances of contesting the charges, questioning the legality of the traffic stop, evidence handling, and the accuracy of testing for blood alcohol concentration (BAC). In addition, a felony DUI lawyer in Orlando could negotiate for reduced charges and minimize the impact that the case could have on your permanent criminal record.
Prosecutors will pursue a drunk driving charge as a felony if certain serious conditions are met – and the penalties will be more significant as well. You cannot afford to fight this charge without legal counsel. For help with a potential felony DUI case following an arrest, it’s best to work with an Orlando felony DUI lawyer to increase your chances of succeeding with your case. Reach out to The Umansky Law Firm Criminal Defense & Injury Lawyers for a free consultation today.
The Umansky Law Firm Criminal Defense & Injury Attorneys
